HomeMy WebLinkAboutCity Council Ordinance 2012-13CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2012-13
AN ORDINANCE AMENDING CHAPTER 20
OF THE PLYMOUTH CITY CODE
CONCERNING NOISE
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
Section 2025 of the Plymouth City Code is hereby amended as follows:
Section 1.
2025.01 Definitions. Subdivision 1. General. Words and phrases defined in this
section have, when used in this ordinance, the meanings given below. Any other word or phrase used
in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise
Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
Subd. 2. Air Circulation Device. Means a mechanism designed and used for the controlled
flow of air used in ventilation, cooling, or conditioning, but not limited to, central and window air
conditioning units.
Subd. 3. L10. Means the sound level, expressed in decibels (dBA) which is exceeded 10
percent of the time for a one-hour period, as measured by a sound level meter having characteristics
as specified in the latest standards, S 1.4, of the American National Standards Institute and using test
procedures approved by the Pekee DepaAment City Manager or his\her designee.
Subd. 4. L50. Means the sound level, expressed in decibels (dBA) which is exceeded 50
percent of the time for a one-hour period, as measured by a sound level meter having characteristics
as specified in the latest standards, S 1.4, of the American National Standards Institute and using test
procedures approved by the City Manager or his\her designee.
Subd. 5. Person. Means an individual, firm, partnership, corporation, trustee, association, the
state and its agencies and subdivisions, or any body of persons whether incorporated or not. With
respect to acts prohibited or required herein, "person" shall include employees and licensees.
Subd. 6. Sound. Means a temporal and spatial oscillation in pressure or other physical
quantity in medium with internal forces which causes compressions and rarefactions of that medium
and which is propagable at finite speed to distant points.
Subd. 7. Sound Level (Noise Level). Means A -weighted sound pressure level, expressed in
dBA, obtained by the use of a sound -level meter having characteristics as specified in the American
National Standards Institutes (ANSI) standard S1-4-1961
2025.03 Noises Prohibited. Subdivision 1. General Prohibition. No person shall make or
cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures,
or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their
enjoyment of property or affects their property's value. This general prohibition is not limited by the
specific restrictions of the following subdivisions.
Subd. 2. Horns, Audible Signaling Devices, etc. No person shall sound any signaling device
on any vehicle except as a warning of danger, as required by Minnesota Statute 169.68.
Subd. 3. Exhaust. No person shall discharge the exhaust, or permit the discharge of the
exhaust, of any steam engine, stationary internal combustion engine, motor boat, motor vehicle,
recreational vehicle or snowmobile except through a muffler or other device that effectively prevents
loud or explosive noises therefrom and complies with all applicable state laws and regulations.
Subd. 4. Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
Subd. 5. Loading, Unloading, Unpacking. No person shall create loud and excessive noise in
loading, unloading, or unpacking any vehicle.
Subd. 6. Radios, 1gptRIWg, Televisions, Compact Disc Pla ey r_Paging System, etc.
A. General Prohibition. No person shall use or operate or permit the use or
operation of any radio receiving set, musical instrument, tapeplayer-, compact disc
player, paging system, machine, or other device for the production or reproduction of
sound in a distinctly and loudly audible manner as to unreasonably disturb the peace,
quiet, comfort, safety or welfare of any persons or precludes their enjoyment of
property or affects their property value.
B. Nighttime Prohibition. Operation of any such set, instrument, tape played
television, compact disc player, machine, or other device between the hours of 10:00
p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the
structure or building in which it is located, in the hallway or apartment adjacent, or at
a distance of 50 feet if the source is located outside a structure or building shall be
prima facie evidence of a violation of this section.
Subd. 7. Participation in Noisy Parties or Gatherings. No person shall participate in any party
or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose
of another person. When a police officer determines that a gathering is creating such a noise
disturbance, the officer may order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after
being ordered by a police officer to do so. Every owner or tenant of such premises who has
knowledge of the disturbance shall make every reasonable effort to see that the disturbance is
stopped.
Subd. 8. Loudspeakers, Amplifiers for Advertising, etc. No person shall operate or permit the
use or operation of any loudspeaker, sound amplifier, or other device for the production or
reproduction of sound on a street or other public place for the purpose of commercial advertising or
attracting the attention of the public to any commercial establishment or vehicle.
Subd. 9. Animals. No person shall keep any animal that unreasonably disturbs the comfort or
repose of any person by its frequent or continued noise. For purposes of this subdivision, "disturbs
the comfort or repose of any person by its frequent or continued noise" means any one of the
following:
A. The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be
heard from a location outside the building and premises where the animal is being
kept, and the animal has made such noises intermittently for more than five minutes;
or
B. The animal noise can be heard 500 feet from the location of the building and
premises where the animal is being kept, and the animal has made such noises
intermittently for more than five minutes; or
C. The animal noise can be heard from a location outside the building and
premises where the animal is being kept, and the animal has made such noises
intermittently for a period of at least five minutes.
Subd. 10. Schools, Churches, Hospitals, etc. No person shall create any excessive noise on a
street, alley, or public grounds adjacent to any school, institution of learning, church, hospital or
home for the elderly when the noise unreasonably interferes with the working of the institution or
disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the
presence of such institution.
2025.05. Hourly Restriction on Certain Operations. Subdivision 1. Recreational Vehicles and
Snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any
snowmobile or other recreational vehicle not licensed for travel on public highways.
Subd. 2. Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar
domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. (Ord.
2000-03, 2/01/2000)
Subd. 3. Refuse Hauling and Recycling Collection. No person shall collect or remove
garbage or refuse or collect designated recyclables in any residential district except between the hours
of 7:00 a.m. and 10:00 p.m.
Subd. 4. Construction, Maintenance and Repair Activities. No person shall engage in or
permit construction, maintenance and repair activities involving the use of any kind of electric, diesel
or gas -powered motor vehicles or machine or other power equipment except between the hours of
7:00 a.m. and 10:00 p.m. Monday through Friday and 8:00 a.m. and 9:00 p.m. Saturday, Sunday, and
holidays (New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas).
(Ord. 2000-03, 2/01/2000; Ord. 2006-07, 2/28/2006)
Subd. 5. Exceptions. The following uses and activities are exempt from this Section as
specified below:
A. Snow removal motor vehicles, equipment and operations are exempt from
Section 2025.05, Subd. 2, and Section 2025.05, Subd. 4.
B. Equipment and vehicles used for maintenance of public or private golf courses,
public and private driving ranges, ice skating rinks on public property, and ski trail
grooming on public property are exempt from the hourly restrictions of Section
2025.05, Subd. 1, Subd. 2, and Subd. 4.
C. Golf carts for use on public or private golf courses are exempt from Section
2025.05, Subd. 1 and Subd. 4.
D. Emergency back-up generators operated during power outages are exempt
from Section 2025.05, Subd. 2.
E. Sanitary sewer cleaning performed by the City, Metropolitan Council, or their
agents is exempt from Section 2025.05, Subd. 4.
(Ord. 2000-03, 210112000; Ord. 2006-07, 2/28/2006; Ord. 2008-08, 3/2512008)
2025.07 Receiving Land Use Standards. Subdivision 1. Maximum Noise Levels by Receiving
Land Use Districts. No person shall operate or cause or permit to be operated any source of noise in
such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use
category specified when measured at a point of normal human activity of the receiving land use.
TABLE I. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Land Use Districts
Day
7:00 a.m. —10:00 p.m.
Night
10:00 p.m. —7:00 a.m.
L10 L50
L10 L50
Residential
65 60
55 50
Commercial
70 65
70 65
Industrial
80 75
80 75
Subd. 2. Exemptions. The levels prescribed in Subdivision 1 do not apply to noise
originating on public streets and alleys but such noise shall be subject to other applicable sections of
this ordinance.
2025.09. Air Circulation Devices. No person shall permanently install or place any air
circulation device, except a window air conditioning unit, in any outdoor location until
Geff.....,, ity Devel,,.,ment no,,.,.+, en4 deteEmines unless dwA-the device in that location will comply
with the noise level standards prescribed in Section 2025.07. and :ss„os a pen: it f the installation.
nstalatio
The noise pr-edueed by any window wak and by any existing air- eir-wiatien deN4ee shall be en ;142d
limited > >
7.
2025.11. Exemption for Emergency. Noise created exclusively in the performance of
emergency work to preserve the public health, safety, or welfare necessary to restore a public service
or eliminate a public hazard shall be exempt from the provisions of this ordinance. €er- a -perie
e*eeed 24 houfs after- the work is eornmeneed. The Peliee Depmtmen4 may grant an extension of th-e
24 heaf exemption as it deems appr-opfiate. Per-sens responsible for- sueh work sha4l infefffi di
business t,eur-s of the r:+.. ,.4 the t.o,,;,,,, ag e fthe first business a ,.,
Any person responsible for such emergency work shall take all reasonable actions to
minimize the amount of noise. (Ord. 2001-08, 2/27/2001)
2025.12. Exceptions. Government sponsored activities. Certain activities related to public
entertainment including but not limited to Fourth of July Fireworks, City sponsored Concerts in
public parks licensed carnivals and parades shall be exempt from the provisions of this ordinance.
2025.13. Administration.
A. Administration officer. The noise control rogram established by this ordinance
shall be administered by the City Manager or his\her designee.
B. Testing Procedures. The City Manager or his\her designee a may enlist the services
of the Minnesota Pollution Control Agency or the services of a private noise
testing company when testing for noise levels is believed in excess of Subdivision
4 of this section.
C. Studies etc. The City Manager or his\her designee may conduct such research,
monitoring and other studies related to sound as are necessary or useful in
enforcing this ordinance and reducing noise in the City. He\she shall make such
investigations and inspections in accordance with law as required in applying
ordinance requirements.
D. Noise Impact Statements. The City Manager or his\her designee may require any
person applyingto the City for a change in zoning classification or a permit or
license for any structure, operation, process, installation, or alteration, or product
that may be considered a potential noise sources to submit a noise impact
statement on a form, supplied by the City of Plymouth. The City Manager or
his\her designee shall evaluate each such statement and make appropriate
recommendations to the Council or other agency or officer authorized to take the
action or approve the license or permit applied for.
E. Performance Standards -Test.
1. By Owner. In order to assure compliance with the performance standards set
forth above, the Council may require the owner or operator of any permitted use
to have made such investigations and tests as may be required to show
adherence to the performance standards. Such investigations and tests as are
required to be made shall be carried out by an independent testing organization
as may be selected by the Council after 30 days notice. The cost incurred in
having such investigations an test conducted shall be shared equally by the
owner or operator and the City, unless the investigation and test disclose
noncompliance with the performance standards, in which event the entire
investigation or testing cost shall be paid by the owner or operator.
2. By City. The procedure above stated shall not preclude the City from making
any tests and investigations it finds appropriate to determine compliance with
these performance standards.
h
2025.15. Authority. Subdivision 1. The City Manager or his\her designee shall have the
authority to grant variances from the requirements of any section of this ordinance.
Subd. 2. Application. Any person seeking a variance shall file an application with the City
Manager or his/her designee on a form prescribed by the City. Information to be supplied in the
application shall include but not be limited to the following information:
1. A. Legal description of property;
2. E. Dates of exception requested;
3. Q Location of particular noise source and times of operation;
3. D. Equipment involved;
4. E. Necessity for request of exception;
5. E. Steps taken to minimize noise level from source;
■
HOW."\
I/ I• II
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2025.15. Authority. Subdivision 1. The City Manager or his\her designee shall have the
authority to grant variances from the requirements of any section of this ordinance.
Subd. 2. Application. Any person seeking a variance shall file an application with the City
Manager or his/her designee on a form prescribed by the City. Information to be supplied in the
application shall include but not be limited to the following information:
1. A. Legal description of property;
2. E. Dates of exception requested;
3. Q Location of particular noise source and times of operation;
3. D. Equipment involved;
4. E. Necessity for request of exception;
5. E. Steps taken to minimize noise level from source;
6. G. Names of responsible persons; and
(Ord. 2010-02, 2/2312010)
if the eyeeptien is fer- more than dffee days, the Genuiranity Development DepaAment sha4l giv
published in the effieial newspaper- a4 least 20 days prior- te a derision on the request, and "t4ffin-
fice shall be mailed at least twenty 20 days pr-ief to a deeision en the request t all owners of land
widiin 200 feet ef the beundar-y of the pr-epei4y in question. A ppheatiens will be reviewed by th
-r-espeasible per -seas within 30 days of pubheatien 40hen-kettivee. Any per -sen eeheeasing t eeffffneH4 e
tine-eyeeption may do s6-iawriting wi. n 20 daysef mailing of the netie . (Ord, 2000
24j,)
AdmiaistFatef finds that full eemplianee with th ' . 4s of the erdi Pe. P-nnsfitute
unfeasenable har-dsMp on the > >
or- on the eeffHffuf9ty. In deteffaining
v�40her- to grant or- deny the appheatien, the Zoning Adminis#ater- shall balanee the hardship to
appheant against the adver-se impaet on the >safety, >
th
exeeptieft may be granted stkjeet to >ineluding a fime limit,
Mailed netiee of the deeision shall be made w4d,,in five days te all per-sens who eeffffneated in vaiting
en the appheatien. (Ord, 2000 03, 241,12000)
Subd. 4. Appeals. The decision made by the Zoning Administfate City Manager or his\her
designee concerning the exception request may be appealed to the Council within ten days after the
Zoning Administfater-!s Ci 's written decision. The appeal shall be filed in writing with the City
Clerk who shall schedule a date before the Council as soon as possible. The person appealing the
decision shall file with the City Clerk a Notice of Appeal specifying the grounds upon which the
appeal is based. Mailed notice of the Council date shall be made to the applicant, and to any person
who filed a Notice of Appeal. (Ord. 2000-03, 2/0112000)
2025.17. Enforcement. Subdivision 1. Notice of Certain Violations. When the Poke
Dem City Manager or his\her designee determines that a noise exceeds the maximum sound
level permitted under Section 2025.07, written notice of the violation shall be given to the owner or
occupant of the premises where the noise originates and such person shall be ordered to correct or
remove each specified violation within such reasonable time as is prescribed in the notice. The
failure to remove or correct any such violation within the time so prescribed constitutes a violation of
this ordinance. Low frequency and impulse noises that do not violate the provisions in 2025.07 are
not regulated, but reasonable efforts will be attempted to mitigate these concerns. (Ord. 2001-08,
2127/2001)
Subd. 2. Civil Remedies. This ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
Subd. 3. Criminal Penalties. Any violation of this ordinance involving the operation of a
motor vehicle, other than a violation of Section 2025.03, Subd. 6, which occurs in a motor vehicle, is
a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed
$200. Every person who violates any other provision of this ordinance is guilty of a misdemeanor
and, upon conviction thereof, shall be fined or penalized not more than the maximum levels
established by the State of Minnesota for misdemeanor offenses. In all cases the city shall be entitled
to collect the costs of prosecution to the full extent permitted by law. Each act of violation and each
day a violation occurs or continues constitutes a separate violation. (Ord. 2004-03, 111412004)
2025.19. Severability. If any provision of this ordinance or the application of any provision to a
particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions
of the ordinance and the application of the ordinance to any other situation shall not be invalidated.
(Ord. 98-40; 11118198; Ord. 2011-29, 10125/2011)
Section 2.
This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 27h day of
March 2012.
A
R. Engdahl,
W1 �10�
Kelli Slavik, Mayor